C43 engine failure

[Teego]

Our car is at Stockport. I would hope that there's not more than 1 knackered C43 there so I guess that's our car. How come you managed to get a photo of the damage? We still haven't had the engineer's report yet!

You have PM

 

[C240Sport97]

An ombudsman, from experience, typically don’t side with the consumer as long as protocol has been followed and they just shrug their shoulders.

agreed.

Financial Services Ombudsman, twice I tried on different issues

they only check whether process - the company's process - has been followed. They don't think or use actual judgment. Took a long time - more than 18 months - before they decided.

waste of time

 

[Behindthebins]

agreed.

Financial Services Ombudsman, twice I tried on different issues

they only check whether process - the company's process - has been followed. They don't think or use actual judgment. Took a long time - more than 18 months - before they decided.

waste of time

False hope also, there are victories out there to be had but typically usually you are relying on good customer service

Ha that’s the opinion of a cynical 54 year old

Appealing to the dealer principal (general manager) face to face can sometimes yield results in a calm manner

 

[KennyN]

Bottom line is that the OP wants his car back , preferably running and in one piece.

From the reported timescale that the legal procedure could potentially take and the fact the three year finance is coming to an end in around five months it looks like the OP could be in even more of a sticky situation at that point than he is at present plus they would have been seven months without a car they are paying for.

If the £9k also includes the work they have already done (engine / GB removal) and at present the eight weeks on a ramp then although it is expensive then , as previously mentioned , i would let the dealers do the work and file it under the - "Remember the extended warranty" section of my brain.

Should the OP be in this situation with a low mileage and fully serviced engine , definitely not , but they are where they are and it is not as if the manufacturer is not contributing to the final cost.

Was there not another member , with an S Class, who was fighting through the courts at great expense with the dealer for years regarding a repair to their vehicle and as far as i remember it was still ongoing or the member had either given up or checked out.

K

 

[G7Wagen]

The finance company technically own the car until the last payment, could a financial liability for the loss lay with them?

 

[Behindthebins]

The finance company technically own the car until the last payment, could a financial liability for the loss lay with them?

Good avenue to explore

 

[KennyN]

The finance company technically own the car until the last payment, could a financial liability for the loss lay with them?

As per post 9 , the finance company want nothing to do with the situation.

K

 

[G7Wagen]

Just because they showed no interest in helping does not necessarily mean they are not financially liable, but it might be a good idea to take legal advice on the matter... they may be compelled to take action.. they do own the car until the last payment.. which is not not fit for purpose. They are unlikely to offer help, as they are protecting themselves.. but they could still be liable.

 

[MrGreedy]

Agreed. Well worth taking legal advice on the finance company and also regarding any slim chance of protection if you paid more than £100 on a credit card (e.g. a deposit).

Also try some more pleading to the dealer and MB head office.

If this yields no luck pronto, I would consider paying the £9k, getting the work done, which locks in the 57% "discount" and then pursue the £9k through small claims/money service online claim route. The worst outcome for that is you end up where you already are, the best outcome as already been mentioned is that the court sides with you. Whilst you might get some legal costs, if i were going down this route I'd take sound advice and pursue it in person (I feel competent enough to do that). As said, might be seen as a David vs Golliath in the eyes of thr judge.

I suspect the reason Merc try to push you down the ombudsmen route is they know it is only looking at following correct process, and is less interested in fair settlement.

The ombudsmen and regulator type services are generally funded by the very industries they are supposed to regulate, and would you believe it surprise surprise, they often side with those paying their wages and not the consumer. I'm shocked.

 

[KennyN]

Just because they showed no interest in helping does not necessarily mean they are not financially liable, but it might be a good idea to take legal advice on the matter... they may be compelled to take action.. they do own the car until the last payment.. which is not not fit for purpose. They are unlikely to offer help, as they are protecting themselves.. but they could still be liable.

I would have thought that the person(s) named on the lease / PCP / finance paperwork would be liable for any damage caused to the vehicle (outwith the manufacturers warranty) for the term of the agreement.

Would certainly be handy for the OP if that were the case.

K

 

[Booyakajon]

Thanks for all the interesting discussion and advice.

I haven't been able to negotiate any further goodwill.

They want £9k for a 'new' engine, which apparently isn't actually new but warranted for 2 years by Mercedes.

The car was never modded. Serviced appropriately at the same dealership it was bought from in March 2002 and no issues were flagged.

I know an extended warranty would have been ideal but it was missed at the time. I have an extended warranty for my C63.

 

[E55BOF]

Pay the 9K, under protest in writing, and try the Moneyclaim route on the basis that the car plainly was not of satisfactory quality and fit for purpose? Your claim will be against the dealer, though; you had no contract with Mercedes.

Any warranty is in addition to your normal legal rights. The dealer is proposing to limit their legal liability for a £20k bill to £2k...

 

[Smiley]

I suggest that you read the terms and conditions of your warranty for the c63. If it is a MB warranty then you may be surprised by the long list of excluded items.

 

[G7Wagen]

For £23,000 I would expect a NEW engine to be fitted... not an old replacement!
It seems to me.. your perceived saving of £14,000 is bulls@#t
there are perfectly good engines for sale for a fraction of that cost.

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the rest of the 9k they want to charge you is fitting cost....

the £23k is a 'made up number' IMHO
... so they may be offering you nothing.....



Sue them...their customer service is not fit for purpose.

 

[vijilants]

So, what was the end result on this one ? It would be interesting to know.

 

[Fastcar155]

Hi , Has the OP going to provide any more details ?

Many members have tried to help but no response what so ever.

 

[Engadine]

To be fair to the OP his last reply was only 4 or 5 posts ago. He may be taking a break from the whole subject! But I would also be interested to know the outcome. The advice given here has been very interesting and potentially useful for many readers. But a very unpleasant situation for the OP, evidently a AMG person through and through.

 

[Petrol Pete]

It may have been just a few posts ago , but it was 2 MONTHS ago that we last heard from the OP.

 

[Fastcar155]

Hi , As the car was approved used I would check that the correct engine oil was used on the services.

I say that from experience that the servicing dealer put in the incorrect engine oil at the last service.

I had only done a couple of hundred oils before I spotted the problem and I must say the Mercedes dealer changed the engine oil immediately.

The other issue I would want to know where the " new " engine came from and it's full history.

 

[Bobby Dazzler]

Hi , As the car was approved used I would check that the correct engine oil was used on the services.

I say that from experience that the servicing dealer put in the incorrect engine oil at the last service.

I had only done a couple of hundred oils before I spotted the problem and I must say the Mercedes dealer changed the engine oil immediately.

The other issue I would want to know where the " new " engine came from and it's full history.

That’s a worry. How did you work out the oil was incorrect, and which oil did they use by mistake?